ENGLISH
Immigrants by marriage
Status of Sojourn of Immigrants through Marriage
Status as the spouse of a Korean national- If a foreigner marries a national of the Republic of Korea, he/she is granted the status as the spouse of a national of the Republic of Korea.
- If a foreigner marries a national of the Republic of Korea in the Republic of Korea, he/she may change his/her preexisting status of sojourn to the Residence (F-2) status which is issued to spouses of Korean nationals. If they marry in a foreign country, the foreign spouse is granted the Marriage Migrant (F-6) status. In this case, he/she does not have to change his/her visa.
Marriage Migrant (F-6) status- The eligible applicants for the Marriage Migrant (F-6) visa are as follows (Attached Table 1 of the Enforcement Decree of the Immigration Control Act):
1. A spouse of a Korean citizen;
2. The father or mother who brings up a child born from a marital relationship (including common-law marriage) with a national and is recognized by the Minister of Justice;
3. A person who had stayed in the Republic of Korea as a spouse of a Korean citizen, but was unable to continue the marriage due to death or disappearance of his/her spouse or other causes unattributable to him/her, and recognized by the Minister of Justice.
Acquisition of the Status of Sojourn as the Spouse of a National of the Republic of Korea Meanings of the Marriage Migrant (F-6) status- The Marriage Migrant (F-6) status is granted to a foreigner who has married a national of the Republic of Korea.
- The Marriage Migrant (F-6) status does not have any limitations in seeking jobs. If a foreigner with an F-6 visa stays in the Republic of Korea for at least two years, he/she may file an application to change his/her status of sojourn to Permanent Resident (F-5).
Procedure for inviting a foreigner to stay in the Republic of Korea together after marriage- A foreigner shall be invited by his/her spouse to be issued a visa falling under Marriage Migrant (F-6) (The Former part of the Article 9-4 (1) of the Enforcement Rule of the Immigration Act).
- The inviters who are the Korean spouses of those who fall under the following conditions among foreigners who want a Marriage Migrant (F-6) visa shall attach a certificate of the International Marriage Guidance Program provided by the Minister of Justice or write a certificate number of the Program on the invitation when applying for a visa (Article 9-4 (2) of the Enforcement Rule of the Immigration Control Act and Targets of International Marriage Guidance Program and its Notification).
· A person who intends to invite a foreign national for the purpose of marriage or to live together without a legal marriage. The foreign national to be invited shall be from a nation notified by the Minister of Justice (China, Vietnam, Philippines, Cambodia, Mongolia, Uzbekistan and Thailand, hereinafter referred to as "certain countries") and shall be comprehensively analyzed for his/her status of attaining the nationality of the Republic of Korea based on the marriage/divorce status of the Korean and foreigner, the foreigner’s marriage state, and the foreigner’s illegal immigration status.
- Persons subject to the exemption from the International Marriage Guidance Program (Public Notice on Those Required to Complete the International Marriage Guidance Program and Operational Matters)
· Where a Korean citizen has continuously stayed in the foreign spouse's country for at least six months or a third country for study or dispatch work on a long-term visa, and has been in a relationship with him/her
· Where the foreign spouse had been stayed in the Republic of Korea legally with a long-term status of residence according to the attached table 1 to 2「Enforcement Decree of the Immigration Control Act」 for at least 91 days and has been in a relationship with the Korean citizen
· Where the spouse is pregnant, gave birth or has other reasons requiring humane consideration
- Once an applicant files an application for a visa for staying in Korea after marriage, the foreigner shall be assessed and confirmed if he/she meets the following conditions (Articles 9-2 and 9-5 (1) of the Enforcement Rule of the Immigration Control Act):
· If the alien has a valid passport;
· If he/she is not subject to prohibition or refusal of entry under the provisions of Article 11 of the Immigration Control Act;
· If he/she is qualified to stay in Korea
· Whether it is recognized that he/she will return to his/her home country within the permitted stay period according to the respective residence qualification
· If he/she justifies the objective for entry into Korea according to the status of sojourn.
· If he/she meets the criteria of status of sojourn in Attached Tables 1 to 1-3 of the Enforcement Decree of the Immigration Control Act prescribed by the Minister of Justice.
· Requirements for a foreigner who has filed an application for a visa for staying in Korea after marriage and the inviter:
√ How they have met and an intention to marry;
√ If the marriage has been made under by decree of the competent country;
√ If the inviter has ever invited another spouse during the past five years;
√ If the inviter meets the income conditions (Notification of Income Conditions Required for Visa for Stay after Marriage) publicly notified every year by the Minister of Health and Welfare considering the standard median income under subparagraph 11 of Article 2 of the National Basic Living Security Act;
√ If the invitee has a basic or higher level of proficiency in the Korean language (in this case, the specific criteria for evaluation and verification follow the Public Notice of Standards on Requirements and Examination Exemptions for Issuance of Visas for the Purpose of Marriage and Cohabitation).
√ If the invitee's proficiency in Korean is a basic level or higher (the detail criteria for assessment and confirmation for his/her proficiency in Korean shall be determined and notified by the Minister of Justice);
√ If they have normal residential space where they can stay together continually (gosiwons (facilities packed with tiny flats), motels, greenhouses, etc. are not deemed normal residential space.)
√ If three years has passed since the inviter had attained the nationality of the Republic of Korea under subparagraphs 1 and 2 of Article 6 (2) of the Nationality Act or status of permanent residence in accordance with subparagraph 2 of Permanent Residence (F-5) in Attached Table 1-3 of the Enforcement Decree of the Immigration Control Act.
√ If the inviter has previously committed a crime of domestic violence under Article 2, subparagraph 3 of the Act on Special Cases Concerning the Punishment, Etc., it shall be determined if the inviter falls under any of the following cases.
A. Whether the period of temporary measures has been terminated or the jurisdiction canceled.
B. Whether the period of protective disposition has been terminated.
C. Whether 10 years have elapsed since the inviter was sentenced to actual imprisonment without labor or a heavier punishment and the execution of the sentence was terminated or exempted.
D. Whether ten years have elapsed since the inviter was sentenced to a suspended sentence of imprisonment without labor or a heavier punishment and the corresponding judgment was made final.
E. Whether ten years have elapsed since the inviter was penalized with a fine or a heavier punishment
√ If the inviter has previously committed a sex crime against a child or teenager under Article 2, subparagraph 2 of the Act on the Protection of Children and Youth Against Sex Offense, it shall be determined if 10 years have elapsed from the dates mentioned below:
A. The date when the execution has been completed or exempted since the inviter was sentenced to actual imprisonment without labor or a heavier punishment.
B. The date when judgement was made final since the inviter was sentenced to a suspended sentence of imprisonment without labor or a heavier punishment
C. The monetary penalty confirmation date
√ Whether 10 years have elapsed from the dates under the subparagraphs below for the following cases: If the inviter has previously committed a sex crime under any subparagraph of Article 2, paragraph 1 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes, if the inviter has previously committed a specific violent crime under any subparagraph of Article 2, paragraph 1 of the Act on Special Cases Concerning the Punishment of Specific Violent Crimes, or if the inviter has previously committed murder under Part 2, Article 24 of the Criminal Law:
A. The date when the execution has been completed or exempted since the inviter was sentenced to actual imprisonment without labor or heavier punishment.
B. The date when judgement was made final since the inviter wassentenced to a suspended sentence of imprisonment without labor or a heavierpunishment
√ Whether five years have elapsed from the date under the following cases if the inviter has violated Article 228 of the “Criminal Law” by false marriage registration:
A. The date when the execution has been completed or exempted since the inviter was sentenced to actual imprisonment without labor or heavier punishment.
B. The date when judgement was made final since the inviter wassentenced to a suspended sentence of imprisonment without labor or a heavierpunishment
C. The monetary penalty confirmation date
※ In case a child was born between the inviter and the invitee or other cases prescribed by the Minister of Justice, they may be exempted from part of the conditions above. Moreover, if the circumstances correspond to those defined in the Public Notice of Standards on Requirements and Examination Exemptions for Issuance of Visas for the Purpose of Marriage and Cohabitation, exemptions from some of the above conditions can be applied (Proviso to Article 9-5 (1) of the Enforcement Rule of the Immigration Act).
Application for permission to change status of sojourn- Competent authorities
· If a foreigner intends to change his/her preexisting status of sojourn to the Marriage Migrant (F-6) status, he/she or his/her agent shall apply for permission to change status of sojourn at the competent Regional Immigration Service (Articles 24 (1) and 92 (1) of the Immigration Control Act).
- Required documents
· To change the status of sojourn, the applicant shall file documents necessary to apply for permission (Form 34 of the Enforcement Rule of the Immigration Control Act) to change status of sojourn (Article30, paragraph 1 of the Enforcement Rule of the Immigration Control Act).
※ The x-documents required for changing status of sojourn include x-documents regarding income requirements and residence requirements, x-documents regarding communication, as well as basic x-documents such as visa application form, invitation for marriage migrant, and inviter’s certificate of family relations. For more information, please refer to the attached table 5-2 of the Enforcement Rule of the Immigration Control Act or visit Hi Korea (www.hikorea.go.kr), and go to Information Sharing Corner – Immigration/Stay Guide for a sojourn manual for foreigners.
Acquisition of Permanent Resident (F-5) Status Meanings of Permanent Resident (F-5) status- If a foreigner with the Marriage Migrant (F-6) status has been married to a Korean citizen for at least two years, he/she may attain the nationality of the Republic of Korea through naturalization. If he/she intends to keep his/her original nationality, he/she may change his/her status of sojourn to the Permanent Resident (F-5) status which is the closest to the status as a national of the Republic of Korea, without attaining the nationality of the Republic of Korea.
- Obtaining the Permanent Resident (F-5) status has the following benefits:
1. An F-5 visa holder does not have to apply for permission to extend his/her period of stay during the period of survival;
2. An F-5 visa holder is exempted from applying for re-entry permit when he/she departs from the Republic of Korea (Proviso to Article 30 (1) of the Immigration Control Act);
3. Any foreign national aged 18 or older who is listed in the register of foreigners of the relevant local government as a foreigner as of the basis date of preparation of the electoral register for whom three years have passed after the acquisition date of the Permanent Resident (F-5) status shall have a right to vote in the elections of local council members and the head of the local government in the relevant district (subparagraph 3 of Article 15(2) of the Public Official Election Act);
4. Foreigners shall not be deported from the Republic of Korea unless they fall under any of the following cases (Article 46 (2) of the Immigration Control Act);
A. A person who has committed insurrection or foreign aggression stipulated under the Criminal Act;
B. A person who has committed a certain crime and has been released after having been sentenced to imprisonment with or without labor for at least five years. For this reason, the Minister of Justice will deem the person’s compulsory eviction reasonable.
C. A person who has illegally allowed foreigners to enter or depart from the Republic of Korea, has provided foreigners with means of transportation such as ships, passports, visas, boarding passes, or any other document/goods for illegal entrance into another country from the Republic of Korea, or has arranged, abetted, or aided foreigners for such purposes.
D. A person who secretly hid an illegal entrant or helped him/her to escape from the Republic of Korea by providing means of transportation, or has arranged, abetted, or aided the illegal entrant for such purposes.
5. An F-5 visa holder has no limitations in seeking jobs and his/her free economic activities in the Republic of Korea are guaranteed.
Application for Permanent Resident (F-5) status- Eligible applicants
· A foreigner who intends to apply for a Permanent Residence status must not fall under any of the subparagraphs of Article 46 (1) of the Immigration Control Act, must satisfy any of the following qualifications, and must: ① meet the requirements regarding good conduct, including compliance with statutes; ② must be able to support himself/herself, relying on his/her own income or assets or those of the family he/she lives while ③ having basic knowledge required for residing in Korea, such as an understanding of Korean culture and society, etc. (Article 10-3 (2) of the Immigration Control Act, Article 12-2 (1) Attached Table 1-3 of the Enforcement Decree of the Immigration Control Act).
1. An adult under the Civil Act of the Republic of Korea who has been staying in the Republic of Korea for at least five years with one of the visas between 10. Supervisor (D-7) and 20. Designated Activities (E-7) or a Residence (F-2) visa in Attached Table 1-2 of the Enforcement Decree of the Immigration Control Act;
2. A person deemed eligible by the Minister of Justice, among spouses or minor children of nationals of the Republic of Korea or persons with a Permanent Residence (F-5) visa; a person who has been staying in the Republic of Korea for at least two years; or a person who applied for a visa under Article 23 of the Immigration Control Act on the grounds of being born in the Republic of Korea and, at the time of his/her birth, either of their parents was staying in Korea with a Permanent Residence (F-5) visa;
3. A foreign investor who invested USD 500,000 pursuant to the Foreign Investment Promotion Act, and employs at least five Republic of Korea nationals;
4. A person who has been staying in Korea with a 26. Overseas Koreans (F-4) visa in Attached Table 1-2 of the Enforcement Decree of the Immigration Control Act, and is deemed by the Minister of Justice as required to continue to reside in the Republic of Korea;
5. An overseas Korean under Article 2, subparagraph 2 of the Act on the Immigration and Legal Status of Overseas Koreans who meets the requirements for the acquisition of nationality under the Nationality Act;
6. A person who had a Residence (F-2) visa under subparagraph 27 in Attached Table 1 of the old Enforcement Decree of the Immigration Control Act (before the partial amendment by Presidential Decree No. 17579, which was promulgated and effectuated on April 18, 2002) (or a visa under the old Enforcement Decree equivalent to the same), and is deemed by the Minister of Justice as required to continue to reside in the Republic of Korea;
7. A person who falls under any of the following items and is deemed eligible by the Minister of Justice;
A. A person who acquired a doctorate outside of the Republic of Korea who, at the time of applying for a Permanent Residence (F-5) visa, is employed by an enterprise in the Republic of Korea;
B. A person who completed a regular course at a graduate school in the Republic of Korea and acquired a doctorate;
8. A person with a bachelor’s degree or a higher diploma in a field prescribed by the Minister of Justice or a technical qualification certificate prescribed by the Minister of Justice who has been staying in the Republic of Korea for at least three years and, at the time of applying for a Permanent Residence (F-5) visa, is employed by an enterprise in the Republic of Korea and receives wages not less than the amount prescribed by the Minister of Justice;
9. A person deemed eligible by the Minister of Justice among those who have a very excellent ability in a specific field, such as science, economy, culture, and sport;
10. A person deemed by the Minister of Justice to have made a special contribution to the Republic of Korea;
11. A person aged 60 or older who received pensions not less than the amount prescribed by the Minister of Justice from a country other than the Republic of Korea;
12. A person deemed eligible by the Minister of Justice taking account of his/her period of employment, area of employment, the characteristics of the relevant industry, workforce shortage, and Koreans’ job preference, among those who are employed with a visa under 29. Working Visit (H-2) of Attached Table 1-2 of the Enforcement Decree of the Immigration Control Act and satisfy all of the requirements under item (g) 1) through 3) of 24. Residence (F-2) of the same table;
13. A person who has been staying in the Republic of Korea for at least three years with a visa under item (i) of 24. Residence (F-2) in Attached Table 1-2 of the Enforcement Decree of the Immigration Control Act, and is deemed by the Minister of Justice as required to continue to reside in the Republic of Korea;
14. A person who has been staying in the Republic of Korea for at least five years after acquiring a visa under item (j) of 24. Residence (F-2) in Attached Table 1-2 of the Enforcement Decree of the Immigration Control Act, and is deemed by the Minister of Justice as required to continue to reside in the Republic of Korea, and such person’s spouse and children (only the children who satisfy the requirements prescribed by the Minister of Justice);
15. A person who has been staying in the Republic of Korea for at least three years with a visa under item (c) of 11. Corporate Investor (D-8) in Attached Table 1-2 of the Enforcement Decree of the Immigration Control Act, and satisfies the requirements prescribed by the Minister of Justice including attracting at least investments worth KRW 300,000 from investors and employing at least two nationals of the Republic of Korea;
16. A person who invested an amount prescribed and announced by the Minister of Justice under the condition of maintaining the investment for at least five years, his/her spouse and child, and satisfies the requirements prescribed by the Minister of Justice;
17. A person who has been staying in the Republic of Korea for at least three years as an essential expert at a research and development facility under subparagraph 4 of Article 25 (1) of the Enforcement Decree of the Foreign Investment Promotion Act with a visa under item (a) of 11. Corporate Investor (D-8) in Attached Table 1-2 of the Enforcement Decree of the Immigration Control Act, and is deemed eligible by the Minister of Justice;
18. A person who has been staying in the Republic of Korea for at least two years with a visa under item (c) of 24. Residence (F-2) in Attached Table 1-2 of the Enforcement Decree of the Immigration Control Act.
- Required documents
· To apply for permission to change status of sojourn to the Minister of Justice, the applicant shall file the documents necessary to apply for permission (Form 34 of the Enforcement Rule of the Immigration Control Act) to change status of sojourn (Article30, paragraph 1 of the Enforcement Decree of the Immigration Control Act).
※ For more information about the documents required to change status of sojourn, please visit Hi Korea (www.hikorea.go.kr),and go to Information – Immigration Guide.
- Those who cannot apply for a Permanent Resident (F-5) visa
· A person who falls under any of the following subparagraphs cannot apply for an F-5 visa (Article 10-3 (2) of the Immigration Control Act, Article 12-2 (1) Attached Table 1-3 of the Enforcement Decree of the Immigration Control Act)
1. A person who was sentenced to imprisonment without labor or a heavier punishment for violating the Immigration Control Act or any other Act, and five years has not passed since the execution of the punishment ended or it was decided that the punishment would not be executed.
2. A person who was sentenced to a fine for violating the Immigration Control Act or any other Act, and three years has not passed since the fine was paid.
3. A person who violated Article 7 (1) or (4) of the Immigration Control Act, or Article 12 (1) or (2) of the Immigration Control Act not more than five years ago;
4. A person who violated the Immigration Control Act three times or more over the five years prior to the date of application (excluding violations for which the person was sentenced to an administrative fine);
5. A person who left the Republic of Korea after receiving a deportation order under Article 59 (2) of the Immigration Control Act not more than seven years ago;
6. A person who left the Republic of Korea after receiving a departure order under Article 68 of the Immigration Control Act not more than five years ago;
7. A person who falls under any category equivalent to those under subparagraphs 1 to 6, as prescribed by the Minister of Justice
Permission to extend period of stay- Every alien with the Marriage Migrant (F-6) status who intends to continue to stay in excess of the permitted period of stay shall obtain permission to extend his/her period of stay from the Minister of Justice before the expiration of the permitted period of stay by submitting an application for permission to extend period of stay (Form 42 of the Enforcement Rule of the Immigration Control Act) and the following documents to the head of the competent Immigration Service, the head of the office of the Immigration Service, the head of the branch office of the Immigration Service or the head of the branch office of the office of the Immigration Service (Article 25 of the Immigration Control Act, Article 31(1) of the Enforcement Decree of the Immigration Control Act and subparagraph 6 of Article 76(2) and Attached Table 5-2 of the Enforcement Rule of the Immigration Control Act).
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General documents required |
-The applicant's passport and alien registration certificate -Document proving the applicant's place of residence -A copy of an airline ticket for departing from Korea if applying for permission to extend period of stay ※ An alien registration certificate shall be submitted if the applicant has been registered as a foreigner. |
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Those who fall under Item (a) of 27-4. Marriage Migrant (F-6) in Attached Table 1-2 of the Enforcement Decree of the Immigration Control Act |
-The Korean spouse's marriage relation certificate -The Korea spouse's resident registration |
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Those who fall undof 27-4. Marriage Migrant (F-6) in Attached Table 1-2 of the Enforcement Decree of the Immigration Control Act |
-Certificates concerning family relation records -Document proving the applicant is fostering children |
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Those who fall under Item (c) of 27-4. Marriage Migrant (F-6) in Attached Table 1-2 of the Enforcement Decree of the Immigration Control Act |
-Document proving the death or disappearance of the spouse or that the applicant is unable to continue the marriage due to other causes unattributable to him/her |
※ Formore information on permissions ofsojourn period extensions for aKorean spouse, please visit Hi Korea (www.hikorea.go.kr), and go to Information Sharing Corner –Immigration/Stay Guide – Foreigners’ Stay – Extension of Sojourn Period for asojourn manual for foreigners.
- Where a foreigner who is the spouse of a national of the Republic of Korea, in whose case a trial in a court, an investigation by an investigative agency or procedures for remedying an infringement of his/her right under other Acts due to domestic violence defined in subparagraph 1 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence is proceeding, applies for an extension of his/her period of stay, the Minister of Justice may grant an extension of the period of stay until such procedures for remedying an infringement of his/her right are completed (Article 25-2 (1) of the Immigration Control Act).
※ Where the Minister of Justice deems it necessary for a foreigner to recover from an injury, etc. even after the expiration of the period of stay extended under the provision above, he/she may grant an extension of the period of stay (Article 25-2 (2) of the Immigration Control Act).
Reporting on change in place of residence- If a foreigner who has been registered as a foreigner has changed his/her place of residence, the alien shall file a moving-in report with the head of the Si/Gun/Gu or Eup/Myeon/Dong in the new place of residence, or with the head of the Regional Immigration Service having jurisdiction over the new place of residence within 15 days from the date on which the alien moves into the new place of residence (Article 36(1) of the Immigration Control Act).
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